SYLLABUS
DECISION
MORELAND J :
MORELAND, p
Separate Opinions
CARSON J., concurring:
CARSON,
I concur.
I think it proper to observe, however, that the doctrine touching the construction
and interpretation of penalties prescribed in ordinary civil contracts as set forth in the
opinion is carried to its extreme limits and that its statement in this form is not
necessary to sustain the decision upon the facts in this case.
Without entering upon an extended discussion of the authorities, it is suf cient
for my purposes to cite the opinion of the supreme court of Spain, dated June 13, 1906,
construing the provisions of article 6 of Book 4, Title 1 of the Civil code which treats of
"contracts with a penal clause." In that case the court held:
"The rules and prescriptions governing penal matters are fundamentally
applicable to the penal sanctions of civil character."
This as well as other cases which might be cited from American as well as
Spanish authorities indicate that special rules of interpretation are and should be made
use of by the courts in construing penal clauses in civil contracts, and that cases may
well arise wherein the broad doctrine laid down in the opinion of the court may not be
applicable.